Terms of Service

TERMS OF SERVICE & LICENSE AGREEMENT BETWEEN USER AND CANADIAN ROOMMATES LTD.

This Terms of Service and End User License Agreement is entered between you and CANADIAN ROOMMATES LTD. (including any affiliate or controlling or subsidiary company thereof) ("CANADIAN ROOMMATES") for the license of the Products and/or Services. “Computer” means any cellular phone or smart phone or computer or computing device of any description.

License

1. Subject to the terms of this Agreement, CANADIAN ROOMMATES hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, license to download, install and use the Products and/or Services (and any third-party technology incorporated into the Products and/or Services unless expressly stated otherwise) on your computer, for the sole purpose of personally using the Products and/or Services. You may not, and may not permit or aid others to, translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Products and/or Services, or extract source code from the object code of the Products and/or Services. You will not, under any circumstances, sell, assign, rent, lease, distribute, export, import, or otherwise grant rights to third parties with regard to the Products and/or Services or any part thereof. In this Agreement the "Products and/or Services" shall mean the web-based services and software distributed by CANADIAN ROOMMATES, including without limitation, the application program interface, the user interface and any documentation provided by CANADIAN ROOMMATES, as well as updates and upgrades thereof.

Restrictions

2.1 You acknowledge and agree that links and email-accounts used to access the Products and/or Services or the Products and/or Services-homepage allows you to submit data and materials for use in connection with the Products and/or Services. For data and materials you post or otherwise provided to CANADIAN ROOMMATES and related to the Products and/or Services (a "Submission"), you hereby grant CANADIAN ROOMMATES irrevocable permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Products and/or Services, and (2) sublicense these rights. CANADIAN ROOMMATES will not pay you for your Submission. CANADIAN ROOMMATES may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.
2.2 As a condition of your use of the Products and/or Services, you will not use the Products and/or Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Products and/or Services in any manner that could damage, disable, overburden, or impair the Products and/or Services or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Products and/or Services or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to the Products and/or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Products and/or Services. You may not use access to the Products and/or Services to obtain information necessary for you to design, develop or update unauthorized software that you use or provide to others to use to access the Products and/or Services. You may not charge others to use the Products and/or Services either directly or indirectly without the express written agreement of CANADIAN ROOMMATES. Subject to this Agreement, you may use the Products and/or Services within your commercial organization, but you may not use the Products and/or Services to advertise or offer to buy or sell any goods or services, or to run a business or commercial entity without the express written agreement of CANADIAN ROOMMATES. By way of example, and not as a limitation, you agree that when using the Products and/or Services, you will not:

• Use the Products and/or Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages (commercial or otherwise).
• Defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
• Create a false identity for the purpose of misleading others.
• Publish, transfer, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Transfer, stream, or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Transfer, stream or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Download any file or other material transferred by another user of the Products and/or Services that you know, or reasonably should know, cannot be legally distributed in such manner.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Products and/or Services or other user or usage information or any portion thereof.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.
• Remove, overtake, hide or otherwise make the Products and/or Services inaccessible for other end users.
• Violate any code of conduct or other guidelines which may be applicable to the Products and/or Services.
• Use any portion of the Products and/or Services to harvest or otherwise collect information about others, including email addresses.
• Affect the functionality or performance of the Products and/or Services or services provided by Products and/or Services.

CANADIAN ROOMMATES reserves the right at all times to monitor communications on the Products and/or Services and disclose any information CANADIAN ROOMMATES deems necessary to (a) ensure your compliance with this Agreement; (b) satisfy any applicable law, regulation or legal process; or (c) protect the rights, property, and interests of CANADIAN ROOMMATES, its employees or the public. CANADIAN ROOMMATES also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in CANADIAN ROOMMATESCANADIAN ROOMMATES’ sole discretion.

Intellectual Property Rights

3.1 CANADIAN ROOMMATES, and/or CANADIAN ROOMMATES’ licensors, retains sole and exclusive ownership of all rights, title and interests in any of the Products and/or Services and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to any of the Products and/or Services and the technology related thereto. Without derogating from the license granted above, title and related rights in the content stored/ transmitted/ posted/ submitted and/or managed through the Products and/or Services are the property of the applicable content owner and may be protected by applicable law. This section shall survive termination and expiration of these Terms of Use and shall remain in full force and effect thereafter. Nothing in this Agreement intends to transfer any such Intellectual Property Rights to, or to vest any such Intellectual Property Rights in you. You are only entitled to the limited use of the Intellectual Property Rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with the Intellectual Property Rights. You acknowledge and agree that any unauthorized use of the Intellectual Property Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You agree that you will not remove, obscure, make illegible or alter any notices or indications of the Intellectual Property Rights and/or CANADIAN ROOMMATES’ rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.

Privacy Policy

4.1 By entering into this Agreement you hereby accept and incorporate by reference all terms and a condition of the Privacy Policy at the following link, as may be amended from time to time.


Term and Termination

5.1 This Agreement will be effective as of the date on which this Agreement is entered into by accessing and using the website services or any other products and services provided by CANADIAN ROOMMATES.  By using any such Products and/or Services you are implicitly agreeing to the terms and conditions herein and related policies.   Such agreement will remain effective until terminated by either CANADIAN ROOMMATES or you as set forth below. CANADIAN ROOMMATES may terminate this Agreement with immediate effect at any time, with or without cause, by providing notice to you and/or by preventing your access to the Products and/or Services. You may terminate this Agreement with immediate effect at any time, with or without cause provided that you will cease any and all use of the Products and/or Services and you will remove the Products and/or Services from any of your systems and destroy all copies of the Products and/or Services in your possession or under your control.

End User Representations and Warranties

6.1 You hereby represent and warrant that you are authorized to enter into this Agreement and comply with its terms. Furthermore, you represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Products and/or Services.

6.2 If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Products and/or Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, you may not enter into this Agreement and you may not download, install or use the Products and/or Services. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the Products and/or Services is allowed.

Indemnification

7.1 You hereby agree to indemnify and hold CANADIAN ROOMMATES and other users harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Products and/or Services, the violation of these Agreement by you, or the infringement by you, or other user of the Products and/or Services using your computer or identity, of any intellectual property or other right of any person or entity.

Disclaimer of Warranties; Limitation of Liability

8.1 CANADIAN ROOMMATES provides the Products and/or Services “as is”, “with all faults” and “as available”, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. CANADIAN ROOMMATES, its affiliates, its resellers, distributors, service providers and/or suppliers (collectively, the “CANADIAN ROOMMATES Parties”) make no warranties. The CANADIAN ROOMMATES Parties disclaim any and all warranties, express, statutory and implied, including without limitation (1) warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (2) warranties arising through course of dealing or usage of trade, and (3) warranties that access to or use of the service will be uninterrupted or error-free. There are no warranties that extend beyond the face of this agreement. CANADIAN ROOMMATES may change the service or the features in any way, and at any time and for any reason.
 
8.2 In no event shall any of the CANADIAN ROOMMATES Parties be liable for any direct, indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or the termination of this Agreement or your use of the Products and/or Services, including, without limitation, damages for loss of use, data or profits, with the delay or inability to use the Products and/or Services, the provision of or failure to provide support services, or for any information, software, Products and/or Services, or services obtained through the Products and/or Services, or otherwise arising out of the use of the Products and/or Services, whether based on contract, tort, negligence, strict liability or otherwise, even if CANADIAN ROOMMATES or any of its suppliers has been advised of the possibility of damages.

8.3 You expressly agree and understand that the Products and/or Services are not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service and you recognize and agree that CANADIAN ROOMMATES is not required to offer emergency services pursuant to any applicable local and or national rules, regulation or law. You further recognize that CANADIAN ROOMMATES is not a replacement for your primary telephone service. By agreeing to this Agreement you understand that additional arrangements must be made to access emergency services and you acknowledge and accept your responsibility to purchase, separately from Products and/or Services, traditional wireless or wireline telephone service that offers access to Emergency Services. CANADIAN ROOMMATES or the Officers are in no way liable for such emergency calls. Neither CANADIAN ROOMMATES nor the Officers may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the use of Products and/or Services to contact emergency services personnel.

8.4 The Products and/or Services may allow you to interact with third-party web sites and web services ("Link(s)"). The Links are not under the control of CANADIAN ROOMMATES and CANADIAN ROOMMATES is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link.

8.5 CANADIAN ROOMMATES cannot guarantee that you will always be able to communicate with other Products and/or Services users, nor can CANADIAN ROOMMATES guarantee that you can communicate without disruptions, delays or other communication-related flaws. CANADIAN ROOMMATES will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Products and/or Services.  CANADIAN ROOMMATES cannot guarantee nor warn when you are using the Products and/or Services outside of your ‘local calling area(s)’ as defined by your cellular phone carrier.  You accept any and all charges by your cellular phone carrier.  CANADIAN ROOMMATES, when used according to our instructions and via our Products and/or Services is specifically designed to save on long-distance from your local area, as defined by your cellular phone carrier plan.  In any event, CANADIAN ROOMMATES’ liability will be limited to the most recent monthly basic plan cost and not in excess of $20 in any one year.

8.6 While the Products and/or Services enables you to store/ transmit/ post/ submit and/or manage and allow access to third parties' content from a computer with an internet connection, CANADIAN ROOMMATES does not control such third parties' data (e.g. content, files and information) that may be transmitted/ stored/ posted/ submitted and/or managed through the use of any of the Products and/or Services. All such data is entirely the responsibility of the person from whom such data originated. CANADIAN ROOMMATES does not endorse the content of any such third parties' information or data or the data stored, accessed through the use of the Products and/or Services, and does not warrant or guarantee that such information or data is free of errors or viruses. CANADIAN ROOMMATES shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the data stored/ posted/ transmitted/ submitted through the use of any of the Products and/or Services, nor to the right to store/ post/ transmit and/or submit such data through the use of the Products and/or Services. The use of any third parties' content, information or data is at your sole responsibility and CANADIAN ROOMMATES explicitly disclaims any responsibility to the use or misuse of any such content.

8.7 You hereby acknowledge and agree that CANADIAN ROOMMATES and the Officers will have no liability in connection with or arising from your use of the Products and/or Services, as set forth below. In no event shall CANADIAN ROOMMATES or the Officers be liable, whether in contract, warranty, tort (including negligence), Products and/or Services liability or any other form of liability, for any indirect, incidental, special or consequential damages (including without limitation any loss of data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the Products and/or Services, even if CANADIAN ROOMMATES or the Officers have been advised of the possibility of such damages. Your only right or remedy with respect to any problems or dissatisfaction with the Products and/or Services is to uninstall and cease use of such Products and/or Services.

8.8 CANADIAN ROOMMATES, in its sole discretion, reserves the right to add additional features or functions, or to provide  fixes, updates and upgrades, to the Products and/or Services. You acknowledge and agree that CANADIAN ROOMMATES has no obligation to make available to you any subsequent versions of the Products and/or Services. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Products and/or Services. Furthermore, you acknowledge and agree that CANADIAN ROOMMATES, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Products and/or Services, or terminate any license hereunder, at any time, with immediate effect and without recourse to the courts. CANADIAN ROOMMATES also may suspend or terminate any license hereunder and disable any Products and/or Services you may already have accessed or installed without prior notice at any time with immediate effect and without recourse to the courts. CANADIAN ROOMMATES will not accept any liability in relation to the direct or indirect damages caused by the release and/or the absence of release of new versions of the Products and/or Services and by the suspension or termination of this Agreement by CANADIAN ROOMMATES and/or by you.

8.9 Always use caution when giving out any personally identifiable information about yourself or your children in the Products and/or Services. CANADIAN ROOMMATES specifically disclaims any liability with regard to the Products and/or Services and any actions resulting from your participation in the Products and/or Services. You are responsible for all activities that occur in your Products and/or Services account. You agree to notify CANADIAN ROOMMATES immediately of any unauthorized use of your account or breach in security known to you related to the Products and/or Services.

Miscellaneous

9.1 CANADIAN ROOMMATES reserves the right to modify this Agreement at any time by publishing the revised Agreement on the Website. Your continued use of the Products and/or Services shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. The most recent version of this Agreement can be found on www.CANADIAN ROOMMATES.ca

9.2 You hereby agree and acknowledge that this Agreement covers all your use of Products and/or Services, whether it is from this installation or from any other terminals where Products and/or Services has been installed, by you or by third parties. Furthermore, by installing and (continuously) using the Products and/or Services you agree to be bound by the terms of this Agreement and any new versions hereof.

9.3 CANADIAN ROOMMATES may, but is not required to, provide you with customer support ("Support"). Unless you have entered into a separate written support agreement with CANADIAN ROOMMATES with respect to the Products and/or Services, CANADIAN ROOMMATES may terminate any Support it provides at any time in its sole discretion. Authorized third-party software that uses the Products and/or Services is not supported by CANADIAN ROOMMATES and you should contact the provider of such software for support, if any.

9.4 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between you and CANADIAN ROOMMATES with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

9.5 Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

9.6 No waiver. The failure of CANADIAN ROOMMATES at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by CANADIAN ROOMMATES.

9.7 You are not allowed to assign this Agreement or any rights hereunder. CANADIAN ROOMMATES is allowed to at its sole discretion assign this Agreement or any rights hereunder to any without giving prior notice.

9.8 This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.

9.9 The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

9.10 You consent to CANADIAN ROOMMATES providing you any information regarding any Products and/or Services in electronic form. CANADIAN ROOMMATES may provide such information to you via email at the email address you specified when you registered for the use of the Products and/or Services, by instant message to your account by computer over the internet or wireless or cellular provider networks, or by access to the Web Site. As long as you access and use the Products and/or Services, you will have the necessary software and hardware to receive such notices. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

PAYMENT, RATES AND ACCOUNTS


Payment
In order to use CANADIAN ROOMMATES paid services (Premium Membership), you must provide a payment via PayPal and multiple payment methods are available. CANADIAN ROOMMATES will maintain these rates on its Web Site. Payments are made by you via PayPal through the website services..

Rates
The rates for the CANADIAN ROOMMATES Services are published on its Web Site(s). CANADIAN ROOMMATES reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates becomes effective. You agree that by continuing to use the CANADIAN ROOMMATES Services, following the adjustments of the rates, you accept such adjustments.

Roaming charges
If you are access CANADIAN ROOMMATES services via a wireless or cellular phone carrier, you will also pay any additional charges you incur if you connect to the CANADIAN ROOMMATES Products and/or Services while you are in an area outside your “local calling area’ as determined by your cellular phone carrier; or from a country that is not the country associated with your cellular phone carrier (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the CANADIAN ROOMMATES Services from any such area or other country. Your carrier is charging you these roaming charges not CANADIAN ROOMMATES.

Promotions
Any promotional bonuses or credits awarded are non-refundable. Promotional bonuses will expire up to 6 months from issue date, unless otherwise specified.

Refunds
Once upgraded to Premium Membership, no refunds for payments are available.  You may contact CANADIAN ROOMMATES’ customer services for special circumstances at support@roommates.ca. Refund requests carried out through other means shall not be eligible for the refund. No refunds shall be given for services paid or credit acquired through promotional gifts, promo codes, vouchers or gift tokens. CANADIAN ROOMMATES reserves the right to deny repetitive refund requests.

Any refunds given shall be paid either through the original payment method used, or any other reasonable payment method to be determined by CANADIAN ROOMMATES, and addressed to the person that deposited the credit initially. It may take up to 30 days to process refunds from date of your valid request date.

Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.



Accounting errors
In the event you believe that CANADIAN ROOMMATES has charged you in error, you must contact CANADIAN ROOMMATES customer services by sending an email to support@roommates.ca within 30 days of such a charge. No refunds will be given for any charges and claims which are more than 30 days old.

Expiration of credits
Any credits in your CANADIAN ROOMMATES Account expires 6 months after the last chargeable use of CANADIAN ROOMMATES Services. Credit balances that are not used within the said 6 months day period will be lost.

Fair Housing Legislation
You agree that any choices or selections or comments on your profile or ads for a roommate or for a room that is available for a roommate, will not violate any applicable federal or provincial FAIR HOUSING and/or NON-DISCRAMINATORY laws or regulation in the appropriate jurisdiction.
All contents of any CANADIAN ROOMMATES website related to the service are: Copyright © 2009 Canadian Roommates Ltd.
All rights reserved.